PRIVACY POLICY

& TERMS OF USE

Privacy Policy

In this Privacy Policy “Valocity” means Valocity Holdings Limited and all our related entities. This Privacy Policy sets out how Valocity manages personal information.

Valocity is committed to protecting any personal information you provide to us. Valocity is bound by the Privacy Act 2020 (the Privacy Act) and the Information Privacy Principles that are set out in the Privacy Act. 

What personal information does Valocity collect?

We collect personal information including your name, address, contact phone number, email address, and website user data (which may include your IP address and cookies).

How does Valocity collect personal information?

Valocity collects and/or receives personal information from:

  • you directly (including when registering and completing online forms or transactions, over the telephone, by facsimile, and email);
  • publicly available sources;
  • third parties where you have authorised us to collect it on your behalf;
  • third parties where you have authorised the disclosure.

What does Valocity mainly use personal information for?

We use your personal information:

  • to conduct our business;
  • to engage third parties on your behalf;
  • to provide our goods and services to you;
  • to communicate with you, either directly or via one of our service providers, for sales, marketing or research purposes, where you have given consent to receive such communications;
  • to improve, enhance and develop our business;
  • for customer experience and tailoring your experience with us;
  • to verify your identity;
  • in a de-identified format for aggregated data insights, data intelligence, data modelling and related purposes;
  • to comply with our legal obligations; and
  • for any other purposes for which you have given us permission.

Sharing personal information

Valocity may disclose your personal information to:

  • third parties who assist us in providing our goods and services;
  • third parties who provide services on our behalf;
  • anyone else who you have authorised us to disclose it to;
  • one of its shareholding companies for the purpose of answering your enquiry; and
  • comply with any laws.

How does Valocity store and secure personal information?

Valocity complies with the Privacy Act and ensures that all personal information is protected as is reasonable under the circumstances, against loss, unauthorised access, use, modification, disclosure, or misuse.

How can I gain access to my personal information?

You can request access to or correction of your personal information at any time by contacting Valocity at the contact details on this webpage. You can also contact us to update the personal information we hold about you.

Terms of Use

Unless otherwise stated you may copy textual material published by Valocity on this website for internal, non-commercial use within your organisation only, but any copyright notice applying to the material must appear on all copies.

Some material on this website including trademarks are owned by third parties. If the copyright owner of any material (including trademarks and logos) published on this website is not Valocity, or if you have accessed material via a link provided on this website, your rights regarding that material will be as defined by the copyright owner of the material concerned.

Except as set out above, all rights to this website (including rights in text, graphics, selection, arrangement, and overall website design) are reserved and no right or licence is granted or implied under any copyright, patent, trademark, or other intellectual property right of Valocity or any other party as a consequence of the publication of any material on this website.

No material from this website may be published in any media (including electronic media) without Valocity’s prior written permission.

Linked websites

Valocity is not responsible for the content of any other website, even if you access that website via a link on valocity.co.nz or valocityglobal.com. Valocity provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Valocity of that website.

Cookies

Like many other websites on the internet, the Valocity website uses cookies and other tracking and analytics tools (e.g. Google Analytics) to store and track information when you are on our website for the purpose of:

  • customising your experience and providing more tailored content and material to you on our website; and
  • conducting business and marketing analysis and improving our services.

If you do not wish to allow cookies you may change your browser settings to disable cookies. However, if you disable cookies some parts of the website may not function properly. The Google website contains further information about analytics and a copy of Google’s privacy policy.

Purpose and validity of information

Information on this website is primarily of an informative nature. Valocity is dedicated to ensuring that the information on this website is correct and up to date but does not accept liability for any errors or omissions.

Valocity is not responsible for the results of any actions taken on the basis of or in reliance on information on this website.

Valocity disclaims all and any liability to any person in respect of any act done or omitted to be done in reliance on the contents of this website. The views expressed by independent industry analysts and commentators are those of the author only and not necessarily those of Valocity.

The development of Valocity’s products and services is continuous and published information may not be up to date. Some information on this website about Valocity’s products and services is provided through links to other websites.

More information

Privacy Officer:

Specialist Consultant

Valocity Ltd

PO Box 68-093

Newton, Auckland 1145

New Zealand

Updates

Valocity may update this Privacy Policy from time to time. Valocity will use reasonable endeavours to give notification about any material changes which affect how it manages personal information.

Last updated: August 2021


    Website terms and conditions

    Please read the following terms and conditions carefully. These terms and conditions apply to the use of this website.

    1. Terms of Agreement

    1.1 This agreement is made between you as the user (´you´ or ´your´) and Valocity Limited (´Valocity´) and it constitutes the terms and conditions in respect of your access to and use of the Valocity Website (´the Website´). By accessing the Website you agree to be bound by all these terms and conditions.

    1.2 As a condition of your use of the Website, you warrant to Valocity that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party´s use and enjoyment of the Website.

    2. Modification of Terms

    2.1 These terms and conditions may be changed by Valocity at any time via notice on the Website.

    3. Terms of Use 

    3.1 You will be provided with an access login and initial password for the Website once you are approved as an authorised user. When you first log on you will be prompted to change your password (and such new password must meet a minimum security criteria). You must keep your login details and password secure at all times.

    3.2 You may use this Website for the purposes of requesting a valuation for a property, or accepting such request and uploading a valuation report (as the case may be) and for other purposes agreed or reasonably required to ensure the efficient and effective operation of the Valocity System.

    3.3 You will:

    (a) Be solely responsible for any content that you upload (whether it be images, text, or documents) to the Website;

    (b) Not use this Website directly or indirectly for any activity which breaches any laws, infringes a third party´s rights, is unlawful, or breaches these terms and conditions;

    (c) Not attempt to gain unauthorised access to the Website or use another person´s name, registration account or password;

    (d) Not tamper with, hinder the operation of or make unauthorised modifications to the Website;

    (e) Not:

    (i) Translate, reverse engineer, reverse assemble, or decompile, or otherwise attempt to access or discover the source or object code of the Website;

    (ii) Copy or reproduce the Website without Valocity´s prior written consent;

    (iii) Permit any unauthorised third party to examine, repair or in any way alter the Website;

    (iv) Provide access to, sell, transfer, licence, sub-licence, loan, lease, disclose or publish the Website to any third person, except with Valocity´s prior written consent;

    (f) Not upload any content onto the Website that:

    (i) Is illegal, offensive or unsafe or which breaches the copyright of any third party;

    (ii) Is inaccurate, misleading or deceptive; or

    (iii) Contains any malicious code, data or disabling feature.

    4. Intellectual Property

    4.1 You acknowledge that Valocity is the sole owner (or licensee) of all intellectual property and content (including, but not limited to, all trademarks, brands, trade names, ideas, systems, applications, copyrights, trade secrets, database, know how, confidential information, message and communication facilities, any textual or graphic material, processes and competitions, together the ´Intellectual Property´) which is displayed on the Website (but for the avoidance of doubt, this excludes any content posted on the Website by a user of the Website).

    4.2 All pre-existing Intellectual Property of a party shall remain property of that party.

    4.3 Valocity provides a non-exclusive licence to you to use the Website solely for the purposes set out in these terms and conditions.

    5. Privacy

    5.1 We will act in accordance with the Privacy Act 1993. For further details on privacy, please read our Privacy Policy

    6. Liability 

    6.1 Valocity does not warrant, guarantee or make any representations regarding the security of the Website, or that the Website is free from destructive materials, including but not limited to computer viruses, hackers, spyware, adware or other technical sabotage, nor does Valocity warrant, guarantee or make any representations that the Website will be fully accessible at all times, uninterrupted or error free.

    6.2 Any conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent allowed by law.

    6.3 Valocity shall not be liable in contract, tort (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of use of the Website, infringement of any intellectual property or any act or omission of Valocity.

    6.4 If you place reliance on material posted on this Website you do so at your own risk, and you indemnify Valocity (and its related entities) from any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted on this Website.

    7. General

    7.1 These terms and conditions are governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand courts.

    7.2 If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.


    Valocity – Property Data Disclaimer

    1.          INTRODUCTION

    1.1.          This Property Data Disclaimer (Disclaimer) is to be read in conjunction with any other terms, policies and procedures Valocity has provided by notice from time to time (Policies and Procedures), , and the Valuation Agreement (if applicable) which dictate the terms of service for use of Valocity’s Valuation Ordering System and reports prepared using  such system (the Service).

    1.2.         The terms of this Disclaimer apply to any person accessing the Service, including an end user or customer that receives a report prepared using the Service, any entity such a report is provide to, and any entity registered for or using the Service (including where the registered or using entity is an employer of a user) (collectively the Users).

    1.3.         This Document explains how Users may use the data made available on the Service and satisfies Valocity’s obligations to each State and Territory to explain the limitations around the data and information on the Service.

    1.4.         Using the Service (including any use or reliance on a report prepared using the Service) will be deemed an acceptance of the terms and limitations of this Disclaimer.

    1.5.         This Disclaimer may be amended or modified from time to time, and any amendments will be effective from the time the modified Disclaimer is posted on the [insert] website.

    1.6.         The Service has been prepared in accordance with the current API Residential Desktop Assessment – Memorandum for First Mortgage Purposes (Memorandum), and Users agree to be bound by the Memorandum.

    2.          PURPOSE

    2.1           The information provided via the Service is distributed as a general reference source.

    2.2          All information and data available on the Service has been provided to Valocity by third parties, and Valocity is unable to determine the legitimacy of the information.

    2.3          Valocity recommends that all users consider the source, accuracy, currency, completeness and relevance of the information and data available on the Service and consider the suitability of that information or data for that Users’ purpose.

    2.4          In consideration for using the Service, Users acknowledge and agree that Valocity gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the Service, or data and information available on the Service.

    2.5          Users must:

    (a)           exercise their own due care and skill with respect to all information and data available on the Service;

    (b)          not use any information or data accessed through the Service to produce any promotional material which would enable a reader or user of the promotional material to identify an individual as presently holding or as having held an interest of any kind in land identified in the data;

    (c)           not use the Service, or allow materials from the Service to be used, for direct marketing purposes or to be used in breach of any applicable privacy legislation and regulations;

    (d)          not contact vendors or purchasers directly using any information obtained through the Service; and

    (e)           not sell, assign, transfer, sub-license, reproduce, repackage or on-supply any data obtained from the Service.

    2.6          Valocity is not obligated to provide updates to the data or notify of any changes to information or data accessed through the Service.

    3.          VALUATION LIMITATIONS

    3.1           Users acknowledge and agree that the Service is not intended to (and should not be used to) replace a valuation prepared by a professional valuer in accordance with industry standards.

    3.2          Users acknowledge and agree that the Service does not involve a physical inspection of the property but is rather an online analysis of comparable sales.

    3.3          The Service does not make any comment regarding the state of the property and is not a building, structural or land survey. The Service will also not identify issues available upon inspection of the property, including but not limited to structural, weather tightness, contaminants, regulatory, legal, title, town planning or stability issues). It is the responsibility of the User to identify any such issues.

    3.4          Any map showing property boundaries of comparable sales is indicative only and may not be complete or accurate. Any map that is produced is not intended or designed to replace a certificate of title, deposited plan or land survey information for any purpose.

    4.          LIABILITY AND RELEASE

    4.1           The Service is provided on an “as is” basis and to the extent permitted by law, use of the Service is at a User’s own risk.

    4.2          All Users release Valocity to the fullest extent permitted at law from any and all claims relating to the usage of the material made available through the Service.

    4.3          Valocity bears no responsibility to any third party or client of a User who relies upon any information obtained through the Service, and Users indemnify Valocity for any such claims.

    4.4          Valocity is not liable for any loss, damage or injury suffered by any third party that may arise from use of the Services.

    4.5          Users indemnify and keep indemnified Valocity against any loss, costs, expenses, damages and liability of any kind, which Valocity may sustain or incur arising directly or indirectly from any claim relating to the Services made or permitted to be made, or relating to any data produced by or on behalf of the User which incorporates any data or information accessed through the Service.

    4.6          Users indemnity Valocity from and against any loss or liability incurred, or loss of or damage to property, or loss or expense incurred in dealing with any claim against Valocity arising from any breach of this Disclaimer by a User and from an act or omission of a User where there was fault on the part of a User that gave rise to that liability, loss, damage or expense.

    5.          AUSTRALIAN CAPITAL TERRITORY SERVICES

    5.1           This clause 5 applies to the use of Services in connection with or relating to the Australian Capital Territory.

    5.2          The Australian Capital Territory data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to:

    • Manager

    • Customer Services

    • Environment and Planning Directorate

    • GPO Box 158

    • CANBERRA ACT 2601

    5.3          For the purposes of clause 5.2 data includes any materials provided through use of the Services.

    6.          NEW SOUTH WALES SERVICES

    6.1           This clause 6 applies to the use of Services in connection with or relating to New South Wales.

    6.2          Users:

    (a)    acknowledge the Service includes data from the NSW Government as modified by Valocity through incorporating additional information and creating a report;

    (b)          acknowledge that the NSW data is licensed pursuant, and agree to be bound, to the Creative Commons Licence, available at: https://creativecommons.org/licenses/by/4.0/legalcode;

    (c)           acknowledge that the only terms that Valocity offers are the Valocity Terms and Conditions, this Disclaimer, and any disclaimer attached to a report prepared using the Service, Valocity offers no additional or different terms or conditions in relation the NSW data, other than what is contained in the Creative Commons Licence;

    (d)          acknowledge that the full extent permitted by applicable law, the State of NSW offers the NSW data “as-is” and “as-available” and makes no representations, warranties or conditions of any kind concerning the NSW data, whether express, implied, statutory or otherwise. This includes, without limitation, any representations, warranties or conditions regarding:

    (i)            the contents or accuracy of the Work;

    (ii)          title, merchantability, or fitness for a particular purpose;

    (iii)        non-infringement;

    (iv)         the absence of latent or other defects; or

    (v)           the presence or absence of errors, whether or not discoverable.

    7.          NORTHERN TERRITORY SERVICES

    7.1           This clause 7 applies to the use of Services in connection with or relating to the Northern Territory.

    7.2           Users:

    (a)           acknowledge the Service includes data which the Northern Territory is the owner of, and holds copyright in;

    (b)          acknowledge that that the Northern Territory may require a written undertaking, in a form satisfactory to the Territory, that Users must observe and perform with respect to the data terms and conditions similar to Valocity’s terms and conditions with the Northern Territory;

    (c)           agree not to reproduce, repackage or on supply any data.

    8.         QUEENSLAND SERVICES

    8.1           This clause 6 applies to the use of Services in connection with or relating to Queensland.

    8.2          © State of Queensland (Department of Natural Resources Mines and Energy) 2020. In consideration of the State permitting use of this data Users acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

    8.3          The Service contains data provided by the State of Queensland (Department of Natural Resources Mines and Energy) 2020. In consideration of the State of Queensland permitting use of this data Users acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

    8.4          For the purposes of this clause 8 data includes any materials provided through use of the Services.

    9.          SOUTH AUSTRALIA SERVICES

    9.1           This clause 9 applies to the use of Services in connection with or relating to South Australia.

    9.2          WARNING: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the State). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the information is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgement in doing so.

    9.3          COPYRIGHT: Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under license from the Crown.

    9.4          PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

    9.5          For the purposes of this clause 9 dataset includes any materials provided through use of the Services.

    10.       TASMANIA SERVICES

    10.1        This clause 10 applies to the use of Services in connection with or relating to Tasmania.

    10.2       COPYRIGHT STATEMENT & DISCLAIMER: This product incorporates data the copyright ownership of which is vested in the Crown in Right of Tasmania.  The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employees and agents:

    (a)           give no warranty regarding the data’s accuracy, completeness, currency or suitability for any particular purpose; and

    (b)          do not accept liability howsoever arising, including but not limited to negligence for any loss resulting from the use of or reliance upon the data.

    Base data from the LIST © Crown in Right of Tasmania  www.thelist.tas.gov.au.

    10.3       Users are not entitled to any access or use of the data included in the Service, outside of the Service provided by Valocity.

    10.4       Users acknowledge that although the Tasmanian Crown takes steps to ensure that the data is correct, the Crown does not warrant the accuracy, completeness, currency or suitability of the data – the data has not been prepared to meet any individual requirements and it is therefore the responsibility of the user to ensure that the data meets ay such requirements. The Tasmanian Crown does not warrant that the data will be capable of being accessed, delivered or processed on all software or hardware. To the extent permitted by law, the Tasmanian Crown excludes all warranties in respect of the data. In respect of the warranties unable to be excluded by law, liability is limited, entirely at the Crown’s option, to resupply of the data or supply of equivalent data.

    10.5       For the purposes of this clause 10 data includes any materials provided through use of the Services.

    11.        VICTORIA SERVICES

    11.1         This clause 11 applies to the use of Services in connection with or relating to Victoria.

    11.2        Users agree to be bound to the Victorian Customer Terms of Use, in Schedule 1 of this Disclaimer and by entering these Victorian Customer Terms of Use Users are in effect executing and agreement to be bound by the Victorian Customer Terms of Use.

    11.3        The State of Victoria owns the copyright in the Property Sales Data and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth).  The State of Victoria does not warrant the accuracy or completeness of the Property Sales Data and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

    11.4        The data must not be used for marketing, promotional purposes, including compilation or validation of mailing lists, list brokering, data mining, or contacting vendors or purchasers. This includes, without limitation, use of or access to the data for the creation or validation of marketing or mailing lists or data matching.

    11.5        For the purposes of this clause 11 Property Sales Data includes any materials provided through use of the Services.

    12.       WESTERN AUSTRALIA SERVICES

    12.1        This clause 11 applies to the use of Services in connection with or relating to Western Australia.

    12.2       Users agree to be bound to the following obligations and must:

    (a)           only use the Services for your personal or business purposes and must not sell, licence, hire, let, trade, expose for sale, or derive revenue from the Services or part thereof;

    (b)          not use the Services for the purposes of direct marketing, being any activity which makes it possible to offer goods or services or to transmit other messages to a third party aimed at informing or soliciting a response from the third party, as well as any service ancillary to the same;

    (c)           acknowledge that the Service is derived from Landgate’s location information, © Western Australian Land Information Authority (Landgate) (2020). Landgate owns all copyright in the location information which is protected by the Copyright Act 1968. Apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved and no location information, or part thereof, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Landgate;

    (d)          acknowledge that the location information that the Service is derived from is provided by Landgate in good faith on an “as is” basis. While Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions in the location information. Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the location information. Reliance should only be placed on the original source documents such as the certificate of title and survey plan available from Landgate. It is strongly recommended that users exercise their own skill and care with respect to the use of the location information, and before relying on the location information, users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances;

    (e)           acknowledges that areas and dimensions shown in the Service may be approximate values only. Refer to official registered documents, survey plans, diagrams etc available from Landgate for accurate area, dimensions and other information;

    (f)            acknowledges that the location information that the Service is derived from may be subject to privacy legislation and contractual restriction on its publication. Landgate takes no responsibility for any breach of privacy legislation by any person in relation to the location information.

    13.       INTELLECTUAL PROPERTY RIGHTS

    13.1        Nothing in this Disclaimer or the Valocity Terms and Conditions constitutes a transfer of any intellectual property rights. Users acknowledge and agree that Valocity owns all intellectual property rights in the Service, and in all information and reports accessed through the Service, subject to any restrictions of the States and Territories.

    13.2       By posting or adding any content onto the Service, Users grant Valocity a perpetual, non-exclusive, royalty-free, fee-free, irrevocable, worldwide and transferable right and licence (including a right of sub-licence) to use that content in any way (including, without limitation, by reproducing, modifying, adapting, publishing, changing, and communicating the content to the User) and permit Valocity to authorise any other person to do the same thing.

    13.3       Users consent to any act or omission which would otherwise constitute an infringement of that User’s moral rights, and if Users add any content in which any third party has moral rights, User’s warrant that the third party also consents in the same manner.

    13.4       Users represent and warrant to Valocity that they have all necessary rights to grant the licences and consents set out in this clause 13 and Users must not breach any provisions of the Copyright Act 1968 (Cth) in connection to the use of the Service.

    13.5       This clause 13 will survive any termination or expiry of a User’s agreement with Valocity.

    SCHEDULE 1 – VICTORIAN TERMS OF USE

    Terms of use for all Users of the Services (“Customers”) in connection to Victoria (“Victorian Terms”)

    (a)           Customers must not use any data provided through use of the Services which was recorded as a result of individual land transactions recorded by the Department of Transport, Planning and local Infrastructure of Victoria (or its successors under any machinery of Government changes as may be implemented) and released pursuant to section 5(2) of the Valuation of Land Act 1960 (Vic) (“Licensed Material”), to:

    (i)            prepare mailing lists or to assist in direct marketing;

    (ii)          subject to clause (h) reproduce, repackage or on-supply the Licensed Material;

    (iii)        breach the provisions of the Copyright Act 1968 (Cth) in relation to access to and use of the Licensed Material; and

    (iv)         must ensure that no other person breaches the above conditions.

    (b)          Customers must not, access or use the Licensed Material for marketing or promotional purposes, including compilation or validation of mailing lists, list brokering, data mining or contacting vendors or purchasers. This includes, without limitation, use of or access to the Licensed Material for the creation or validation of marketing or mailing lists or data matching. The Customer must not cause or allow the presentation of the Licensed Material to be linked to other information (by way of reference to a website or otherwise) that may infer in any way that the data may be used or available for marketing or promotional purposes. For the avoidance of doubt, this clause (b) does not prevent the Licensed Material being used for the purpose of general research of the property market.

    (c)           The Customer acknowledges that if it contravenes any of the requirements these Victorian Terms its access to the Licensed Material may be terminated immediately.

    (d)          Upon the expiration or termination of these Victorian Terms, the Customer must immediately delete all Licensed Material from its servers and destroy or return to Valocity all other forms (written, electronic or otherwise) of the Licensed Material in the possession or control of the Customer and its employees and agents and provide to Valocity a certificate by one of its directors or company secretary (or by a partner or the proprietor as appropriate) verifying its deletion, destruction or return.

    (e)           Before being granted access to the Licensed Materials, a Customer must accept these Victorian Terms.

    (f)            If a Customer is able to access vendor and purchaser names in accordance with the terms of these Victorian Terms, the Customer must execute a deed prior to being given access to such details.

    (g)           A User may only access or use the Licensed Material for their own personal use and must not distribute any of the Licensed Material to any third party without the prior written permission from Valocity.

    (h)          Notwithstanding clause (a)(ii), a valuer, government agency or licensed real estate agent is only authorised to access the data for that customer class as follows:

    Data elements by customer class

    2020-10-09_10-53-55.jpg

    and the data accessed shall not be shared with any other person or corporation, save for:

    (i)            any employee or agent who executes a confidentiality deed; and

    (ii)          clients of the valuer or licensed real estate agent:

    A.    where the client has commissioned the valuer or licensed real estate agent to carry out a valuation of real estate or engaged the valuer or licensed real estate agent to sell real estate on behalf of the client, such that the valuer or licensed real estate agent is required to prepare an estimated selling price of the real estate in accordance with the legislative requirements of a state or territory;

    B.    only to the extent necessary that the data be included in the valuation or estimate report prepared for the client; and

    C.    in any case, details of any vendor or purchaser contained in the data must not be disclosed to the client; and

    D.   with Valocity’s prior written consent companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure; and

    (iii)        as permitted by law.